After suffering injuries in an accident, you must file a claim if you want to pursue compensation from the person responsible. To win your personal injury claim, you will need to gather evidence to prove the other party’s fault and liability for the accident.
As you navigate the claims process, you must also collect evidence to show your injuries and prove why you deserve the amount you’re requesting. Understanding certain aspects of the process can go a long way in helping you win your injury claim.
Getting Medical Treatment and Following Your Recovery Plan is Crucial
Ensuring your health and safety after an accident is essential, especially because some injuries are not immediately apparent and can gradually worsen if you wait to see a doctor. Additionally, linking the accident and your injuries is crucial to winning your personal injury claim.
Your doctor can create a medical record that establishes the severity of your injuries and the time it will take you to recover. Carefully following your treatment plan also matters because the insurance company may use any deviations from the plan to reduce your settlement.
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Following the Time Limit You Have to File a Lawsuit
Every state has different rules for when you need to bring a lawsuit before you can no longer recover compensation. For example, some states give claimants three years to file a personal injury lawsuit.
You will need to know the specific statute of limitations for your case in the state where you are filing. Although some states allow for extensions in certain situations, it’s best to get started right away to protect your right to file.
Stay Organized and Document Everything Related to the Accident
The documentation you collect after the accident will comprise a large part of your case against the liable party. You may want to create a file to keep everything organized, including:
- Photos or videos of the accident scene and your injuries
- Correspondence with the insurance company
- Medical records and specialist referrals
- Official documentation of your treatment plan
- Medical bills and receipts for other expenses
Understand How Comparative Negligence May Impact Your Claim
Some states don’t allow you to recover any compensation if you are deemed partially responsible for the accident. However, many others will simply reduce your settlement amount by your percentage of liability – as long as it’s below a certain threshold.
Winning your claim requires building a case that shows the other party’s negligence. Our attorneys can do this on your behalf while preparing to fight any claims regarding your own actions.
Be Cautious when Speaking to Anyone About the Accident
As you collect evidence to show the defendant’s liability for your injuries, their insurer gathers evidence to try to deny or devalue your case. For example, insurance companies may ask you for recorded statements to use against you and refute your claims or make your injuries seem less serious.
Even a seemingly insignificant comment can cause problems for your case later. For that reason, we advise you to limit what you say about the accident to anyone aside from your own legal counsel. It’s also generally a good idea to limit social media use during the claims process to avoid accidentally posting something that could ultimately reduce your settlement.
It Can Take Some Time to Get the Result You Want for Your Claim
When requesting compensation from the other party’s insurer, it can be tempting to take an early settlement offer. Insurance companies will often make a quick but inadequate settlement offer to resolve the claim and prevent you from pursuing any future legal action.
Part of how you win your injury lawsuit is practicing patience. Understand that getting the best outcome possible can take time and effort.
When Should You Accept a Settlement Offer?
Most personal injury claims get resolved through a settlement, making it essential to recognize the right time to accept an offer. Even if you decide to work with our personal injury firm, the ultimate decision to accept an offer is always up to you.
You should accept a settlement offer when you think the amount is sufficient to cover all of your losses. When you hire our team, we can offer insight and advice while you weigh each offer you receive.
What Happens If You Refuse a Settlement Offer?
The personal injury claims process entails a series of offers and counteroffers. If you refuse a settlement offer, negotiations continue until the defendant issues another offer for you to consider.
You may go through this process only a handful of times before you reach an agreement. However, if your case involves issues with evidence or questions of liability, and you can’t reach an agreement, you may need to take your case to trial. Our firm can represent you through negotiations and in court as necessary.
Working with Morelli Law Firm on Your Injury Claim
When considering how to win your personal injury case, you may decide that it’s worth getting with an injury attorney. At the Morelli Law Firm, we can help you work through the steps of building a claim and fighting for the best outcome possible.
Our consultations are free, and our services cost you nothing unless we win the case. Call (212) 751-9800 for more information on how our injury lawyers can help with your claim.